Policies

Acceptable Use Policy

This Acceptable Use Policy applies to all persons and entities (collectively, "customers") using the products and services of Plexicomm LLC, ("Plexicomm") including Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the Plexicomm network and the products and services Plexicomm offers to its customers. Plexicomm reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of Plexicomm's products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.

What Uses are Prohibited?

Unacceptable use includes, but is not limited to, any of the following:

Posting, transmission, re-transmission, or storing material on or through any of Plexicomm's products or services, if in the sole judgment of Plexicomm such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.

Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.

Resale of Plexicomm's products and services without the express prior written consent of Plexicomm (unless you are an authorized wholesaler).

Deceptive marketing practices.

Actions that restrict or inhibit anyone - whether a customer of Plexicomm or otherwise - in his or her use or enjoyment of Plexicomm's products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.

Introduction of malicious programs into the Plexicomm network or servers or other products and services of Plexicomm (e.g., viruses, trojan horses and worms).

Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.

Executing any form of network monitoring that will intercept data not intended for the customer.

Circumventing user authentication or security of any host, network or account.

Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack).

Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.

Failing to comply with Plexicomm's procedures relating to the activities of customers on Plexicomm-owned facilities.

Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of Plexicomm's products or services.

Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., E-mail "spam"); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.

Harassment, whether through language, frequency, or size of messages.

Unauthorized use or forging of mail header information.

Solicitations of mail or any other E-mail address other than that of the poster's account or service, with the intent to harass or collect replies.

Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

Use of unsolicited E-mail originating from within the Plexicomm network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Plexicomm or connected via the Plexicomm network.

Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.

No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.

Abusable Resources

Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.

Enforcement

Plexicomm may immediately suspend and/or terminate the customer's service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or E-mail. Prior to suspension or termination, Plexicomm attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, Plexicomm reserves the right to suspend or terminate based on a first offense.

Electronic Communications Privacy Act Notice

Plexicomm makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon Plexicomm technology, and makes no guarantee that any other entity or group of users will be included or excluded from Plexicomm's network. In addition, Plexicomm may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.

Questions?

If you are unsure of whether any contemplated use or action is permitted, please contact Plexicomm at abuse@Plexicomm.net or call 866-759-4678.

Terms of Service

This Wireless Network Subscriber Agreement ("Agreement") is made and entered into by and between Plexicomm LLC, ("Plexicomm") and Customer and shall become effective upon successful installation by Plexicomm at Customer's service address. This Agreement incorporates by reference the Rates and Charges applicable to the Bandwidth Plan and Equipment Plan selected by Customer while completing our on line signup form and set forth herein, and any Bandwidth Plan subsequently put into effect by Plexicomm and selected by Customer.

Plexicomm will provide the services provided herein (the "Service") to Customer upon the terms and conditions at the rates and charges specified herein or then in effect.

The Service provided by Plexicomm is "Fixed Wireless Internet Access" operating in the Unregulated Frequencies. The Service shall be available to Customer when within the effective working range of Plexicomm's wireless network. Service may be temporarily unavailable or limited because of capacity limitations, and is also subject to transmission limitations caused by atmospheric and other natural or artificial conditions adversely affecting transmissions. Services may also be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocation, repairs, and similar activities of Plexicomm necessary for the proper or improved operation of the Service. As part of the service Plexicomm will provide access to the Internet to each device, which is directly connected to Plexicomm's network. Plexicomm is not responsible for providing Internet connectivity to any devices that are not directly connected to its Wireless Network or that share a connection to its network via a Local Area Network, nor is Plexicomm responsible to provide any networking services to the Customer other than Internet Access as previously stated. All networking services required by Customer to devices including router, switch, wireless access point, or other networking (multiple computer) setups are NOT the responsibility of Plexicomm. Hardware, Installation and/or consultation, maintenance, or repair services are offered at an additional cost for Local Area Network configuration.

Customer hereby acknowledges that it understands that the bandwidth and connection speed represents that maximum bandwidth available to each customer and that its actual connection speed is likely to vary based on actual internet traffic and other uncontrollable internet backbone issues. Customer understands that Plexicomm provides no guarantee that the bandwidth and connection speed will be achieved during normal operation.

Plexicomm will take all reasonable steps to keep its service in full, working order. However, nothing in this agreement shall be construed as a guarantee of continuous, uninterrupted service. Plexicomm makes no guarantee against loss of business or loss of data, personal internet or PC security either by the reseller or its customers, due to downtime. Plexicomm controls access to the Plexicomm network. Plexicomm will perform due diligence to provide security for Customers, however, Customer PC security and protection from viruses, hackers, or any other possible invasive PC attacks is the sole responsibility of the customer. At the time of Installation of Service, Plexicomm or its designee shall perform a signal test at the Customer location. If, in the professional opinion of Plexicomm, or its designee, adequate signal is available, this Agreement shall remain in full force and effect and the parties shall enjoy their rights and perform their duties as provided herein. If, however, in the professional opinion of Plexicomm, or its designee, adequate radio signal is not available, the Customer shall have the option to terminate this Agreement or enter into a new Subscriber Agreement. In the event the original Agreement is terminated, by the Customer, and the Customer does not enter into a subsequent or revised Subscriber Agreement, Plexicomm shall credit Customer's account for all amounts collected by Plexicomm, or its designee. In the event the original Subscriber Agreement with a particular customer is voided, and a new Subscriber Agreement is obtained by Plexicomm, or its designee, the amount collected pursuant to the original Subscriber Agreement shall be credited to the Customer's account and Plexicomm shall collect the balance due from the Customer, if any, prior to the activation of service.

If the amount due prior to activation pursuant to the revised Subscriber Agreement is less than the amount collected pursuant to the original Subscriber Agreement Plexicomm shall credit the Customer's account the difference.

The Service is designed and priced for residential customers and is not offered as a business solution, network server, or P2P peer-to-peer network server solutions. The Service is for use by Customer for any lawful purpose. The Service shall not be used to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, to contact or transmit information in any form to another person as to annoy, abuse, threaten, or harass such other person, or for any purpose in violation of law, or in such manner as to interfere unreasonably with the use of the Service by any of Plexicomm's users.

Customers shall be charged for the services provided by Plexicomm in accordance with the effective Bandwidth Plan. Sub-licensing to third parties or nearby neighbors is prohibited. Re-broadcasting, pirating, or sharing signal beyond the Customers residence is prohibited. Plexicomm reserves the right to monitor bandwidth of each account to ensure single party usage of the connection. Customer hereby agrees to pay Plexicomm $10,000 for each such violation.

Customer agrees to pay Plexicomm monthly service fees as provided in this Agreement. Prior to activation of service, Customer agrees to pay Plexicomm a one-time installation, setup, and/or hardware fee. Thereafter, the Monthly fees will be charged until termination of the Month to Month Agreement. Upon proper cancellation, Customer shall immediately return, in satisfactory condition, any equipment provided by Plexicomm, and Customer hereby grants Plexicomm reasonable access to his/her/its premises for the purpose of removal of any equipment. Plexicomm reserves the right to modify or delete any rate plan at its sole discretion with at least 30 day notification to customer.

Any requests for cancellation of the Service or other communications with Plexicomm must be submitted in writing thirty days (30) prior to the next billing date (the 1st of the month). Plexicomm will provide an online method of account cancellation. This statement must include Customer Name, Address, and Customer's signature (or digital signature).

This Agreement shall not be assigned in whole or in part by Customer and any attempt to do so shall be deemed a breach of this Agreement by Customer and Plexicomm shall have the right of disconnection and termination as allowed herein. Plexicomm may, however, assign all of its rights, duties, and obligations hereunder to any third party. The "Internet" connection provided by Plexicomm shall not be used/shared beyond the customers' property or business location. Customer agrees to not share this connection with other users through the use of any wireless network equipment not authorized by Plexicomm.

Any failure on the part of either party hereto to exercise, not to exercise, or to delay in exercising, any right, power, or remedy hereunder shall not operate as a waiver thereof.

Plexicomm shall provide equipment and service in accordance with IEEE Standard 802.11. Due to the nature of radio communications, privacy of data transmissions conducted by wireless networks cannot be guaranteed and Customer agrees that it is solely responsible for security of its data and that it shall indemnify, defend and hold harmless Plexicomm and its Licensor from and against any and all suits, actions, proceedings or allegations of breaches in its security which may in any way be related to Plexicomm's Network.

This Agreement is subject to applicable Federal laws, Federal or State tariffs, if any, and the laws of the State of New York. Any lawsuit against Plexicomm must be brought in Broome County, New York. Where Plexicomm's service, terms and conditions are regulated by New York State and or Federal law, and if there are inconsistencies between this Agreement and the State or Federal law, the State or Federal law will amend this Agreement.

This Agreement, the Schedule of Rates and Charges executed by the parties hereto supersedes all prior discussions and Agreements between the parties with respect to the subject matter hereof and contains the sole and entire Agreement between the parties with respect to the matters covered hereby.

This Agreement can be changed at any time by Plexicomm LLC. to view the up to date agreement visit our Terms of Service page.

Definitions

"Customer", for purposes of this Agreement, shall be defined as a single individual, corporation, partnership, or other entity, or any subsidiary or branch office, which operates or resides at a single physical location (street address) and makes use of a device or devices at that single location in order to use the services provided by Plexicomm under this Agreement.

"Device", for purposes of this Agreement, shall be defined by its MAC address or as any equipment that may have or could be assigned either a dynamic or static Internet Protocol Address for purposes of the services provided by Plexicomm under this Agreement.

Billing and Disputes

Customer agrees to pay all applicable charges, including monthly service and use charges and any local, state, or federal taxes imposed on such charges whether now in effect or levied in the future. Service charges will be billed from the date of activation, and monthly thereafter. Customer must pay monthly service fees by credit card or a Visa/MasterCard logo Debit card. Any inquiries, objections and complaints regarding invoices or other matters should be directed to Plexicomm in writing (email is acceptable). If Plexicomm does not receive objections in writing or email within fifteen (15) days after the disputed charge from Customer, the charge shall be deemed correct and binding upon Customer.

When a customer's service is activated, the billing will begin on that day. Customer receives an email confirmation of charges that will appear on the credit card statement for the month, if Plexicomm has notice of a functioning email address. Customer startup fees (installation or hardware charges) will appear separately on the customer’s credit card statement.

Plexicomm retains the right to credit/refund customers for service outages based on legitimate network outages or issues based on Plexicomm defined criteria. Credits/refund amounts are based on per day pricing specific to each plan. Customer is responsible for reporting outages at their location in a timely manner as to allow Plexicomm the opportunity to correct any "Plexicomm caused" outage. Plexicomm will not credit/refund for customer outages that are caused by customer owned hardware, customer performed actions, customer system or configuration changes, or new software at location.

Customer billing statements must be requested. Automatic billing notifications will be sent as credit cards are charged to the customers primary Plexicomm email address.

If Customer charge card is declined and no updated information (card numbers, expiration dates, name changes), or account balance remedies are made by Customer for 30 days, Plexicomm will terminate the connection. Customer can re-establish connection by paying a $25 re-connection fee.

Limitation of Plexicomm Liability

Customer expressly agrees that the use of the Plexicomm High-Speed Internet connection are at the customer's sole risk. This connection and the Internet are provided "AS IS" and "AS AVAILABLE" for your personal use, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Plexicomm provides the Plexicomm Internet service on a commercially available and reasonable basis and does not guarantee customers will be able to access the service at a time or location of their choosing.

A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors, defects or curtailments in Service caused by the negligence or willful act of Customer or others.

Plexicomm shall in no event be liable for Service interruption or delays in transmission, errors, or defects, or curtailments in Service transmission, or failure to transmit service when caused by acts of God including but not limited to icing, fire, war, riots, Governmental authorities or other causes beyond Plexicomm's control.

THE LIABILITY OF Plexicomm IN CONNECTION WITH THE SERVICE PROVIDED BY Plexicomm IS SUBJECT TO THE FOREGOING LIMITATIONS AND Plexicomm MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE, AS TO THE PROVISION OF SUCH SERVICE.

In the event that Plexicomm installs the equipment at Customer's location, it shall warranty the equipment for ninety (90) days from date of installation and shall provide a ninety (90) day warranty on its workmanship. Plexicomm offers an extended warranty on equipment and workmanship at optional additional monthly fee after the standard warranty expires.

When Plexicomm, or its designee, installs equipment at the customer's property, Plexicomm or its designee, will be responsible only for any actual damage to property that may occur and will compensate only for reasonable cost not to exceed $500.00. Where computer equipment is involved, the customer is responsible for maintaining proper data back-up procedures prior to equipment installation or subsequent service maintenance to assure no loss of data. Under no circumstances will Plexicomm or its designee be responsible for data loss or hardware damage that occurs during installation or subsequent service maintenance.

Appropriate Use of Service

Disconnection and Termination of Service by Plexicomm for Cause

Upon non-payment of any sum when due Plexicomm or upon a violation of any of the conditions governing the furnishing of Service, whether such non-payment or violation is pursuant to this Agreement or any other Agreement between Customer and Plexicomm. Plexicomm may upon notice to Customer in writing or by telephone without incurring any liability to Customer, either temporarily discontinue or permanently terminate the furnishing of Service to Customer at Plexicomm's sole discretion, either in whole or in part.

Service may be refused, discontinued, or terminated without notice in the event the Service is used in such a manner that will adversely affect Plexicomm's service to any of its other users or if it is determined by Plexicomm that Customer's Equipment adversely affects Plexicomm's service to any of its other users. This includes excessive P2P (peer to peer) network usage, servers, or heavy use for the purpose of running a business. Plexicomm offers business solutions and pricing options for such customers.

Customer will pay attorneys' fees, collection fees, and similar expenses incurred by Plexicomm in the enforcement of any right or privilege hereunder. In addition, Customer shall pay interest at the rate of 1.5% per month on any charges on which Customer is delinquent in payment. All other provisions herein not withstanding, Plexicomm reserves the right to interrupt and or disconnect service of Customer at any time for any reason.

Equipment and Maintenance

Plexicomm leases the equipment necessary (based on a specific or special offering) to access Plexicomm's network for a one time setup and install fee.

Plexicomm maintains only Plexicomm supplied hardware for the warranty period of 90 days. Once signal is confirmed at Plexicomm hardware, Customer is solely responsible for the home network or connected computer or network hardware. Plexicomm may provide courtesy troubleshooting or initial connection of Ethernet to Customer computer, however, additional network or PC updates, fixes or enhancements will be provided at an additional cost to customer.

Any costs incurred in retrieving any equipment, as a result of Customer's failure to pay for such equipment, whether equipment is being purchased or provided, including reasonable attorney's fees and costs, shall be paid by Customer.

Plexicomm shall be responsible for maintenance of all equipment provided by Plexicomm so long as the maintenance is not required as a result of Customer's misuse or abuse of such equipment in which case Customer shall be responsible for maintenance and/or repairs and liable to Plexicomm for any damages thereto. Once the warranty expires on purchased equipment, Customer shall be solely responsible for all maintenance and repairs thereto.

Customer will provide reasonable access to Plexicomm hardware. Plexicomm will notify customer of required maintenance and will schedule service appointment.

In the event that Customers computers are configured in a Local Area Network, Customer agrees that the Customer shall be responsible to configure, at its expense, its network with a dedicated Ethernet card so that data requests intended to be confined to its LAN are not broadcast across Plexicomm's Wireless Network.

Term of Agreement

Plexicomm Month-to-Month plan. This Agreement shall become effective on the date that Plexicomm activates service at Customer's location and shall continue in effect for 30 days from the date of activation. Any requests for cancellation of the Service or other communications with Plexicomm must be submitted in writing thirty days (30) prior to the next billing date (the 1st of the month) This statement must include Customer Name, Address, Apartment Number and Customer's signature. If the Customer cancels service, or vacates the location without the required notice, the entire month is charged and no refunds or credits will be issued.

Customer shall remain responsible for all outstanding charges and fees for service rendered following the termination, cancellation, or expiration of the initial term or any renewal thereof.

If Customer charge card is declined and no updated information (card numbers, expiration dates, name changes), or account balance remedies are made by Customer for 30 days, Plexicomm will terminate the connection. Customer can re-establish connection by paying a $25 re-connection fee.

Service Cancellation Notice

Assignment

Waiver

Privacy

Governing Law

Entire Agreement

Dedicated Internet - SLA

The following service level agreements are for our DIA (Dedicated Internet Access) services only. These do not apply to any other internet service plans offered by Plexicomm Broadband.

Available Features:

Available Services at an additional charge:

Managed Router Service

Managed Firewall

Shared Web/E-mail Hosting

Additional Terms and Conditions

Usage. Customer will not originate the transmission of or store material in violation of any Federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamation or infringement of trademark or copyright. Customer must comply with Plexicomm’s IP policy and Acceptable Use Policy at http://www.Plexicomm.net/policy-pg.html; either may be reasonably modified from time to time.

Service Level Agreement

Network Availability

Plexicomm’s Internet Services will be available to Customer at least 99.99% of the time in a calendar month (“Network Availability”). Network unavailability occurs during a Service Outage. Upon Customer’s request, Plexicomm, at its discretion, may issue credits for any Service Outage.

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